Rackwoo Cloud to Web to SEO Term of Service Agreement

HomeRackwoo Cloud to Web to SEO Term of Service Agreement

Rackwoo Web Solutions LLC Terms and Conditions

Important: By using Rackwoo's services, features, systems, both paid or free of charge, Rackwoo's client's, customer's, third parties, affiliates, partners, or sister companies agree to the following terms of services.

Welcome to Rackwoo Cloud to Web to SEO!

Universal Terms of Service Agreement Overview

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement this (“Service Agreement”) governs your use of Rackwoo’s Hosting services “Hosting Services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement. These terms and conditions outline the rules and regulations for the use of Rackwoo.com's Website, Services, Products, Systems, Networks, etc.., located at https://rackwoo.com.

By accessing this website and using it's services, products, systems, networks we (Rackwoo.com) assumes you accept all the following terms and conditions. Do not continue to use Rackwoo.com, Rackwoo Cloud to Web to SEO Solutions if you do not agree to take all the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, by and subject to, prevailing law of the Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Cookies

We employ the use of cookies. By accessing Rackwoo Cloud to Web to SEO, you agreed to use cookies in agreement with the Rackwoo.com's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Rackwoo.com and/or its licensors own the intellectual property rights for all material on Rackwoo Cloud to Web to SEO. All intellectual property rights are reserved. You may access this from Rackwoo Cloud to Web to SEO for your personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Rackwoo Cloud to Web to SEO

  • Sell, rent or sub-license material from Rackwoo Cloud to Web to SEO

  • Reproduce, duplicate or copy material from Rackwoo Cloud to Web to SEO

  • Redistribute content from Rackwoo Cloud to Web to SEO

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the benefit of all parties involved.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Rackwoo.com does not filter, edit, publish or review comments before their presence on the website. Comments do not reflect the views and opinions of Rackwoo.com, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Rackwoo.com shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.

Rackwoo.com reserves the right to monitor all comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Rackwoo.com a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any form, formats, or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses expect soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Rackwoo.com, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Rackwoo.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Rackwoo.com's logo or other artwork will be allowed for linking absent a trademark license agreement.

IFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

The Right To Be Forgotten:

All client data, files, content, both personal, private, and public are deleted from Rackwoo's servers and systems within 180 days of account termination, suspension, closing, or missed payment for services rendered. It is the responsibility of the Rackwoo client, customer, third party, affiliate, partner, or sister company to secure, backup, copy, remove, or delete their data, files, content, both personal, private, and public prior to this or it will be lost forever!

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

Data Loss Terms and User Agreement

Rackwoo is not and will not be held responsible, both legally or conceptually, for any lost or stolen (including all of the following but not limited to) application/website data, personal data (both private or public), web files, passwords, encrypted files or keys, static media including video or images, content, or directories (or sole or as previously stated combined) housed, stored, backuped, uploaded, downloaded or dynamically or statically hosted for private and/or public view from our systems or services. The previous is has been stated and agreed upon by Rackwoo clients in both our Rackwoo Terms of Service, Rackwoo Privacy Policy, and within our T.O.S. and Privacy Policies connected with our backup recovery systems and applications.

AS PREVIOUSLY STATED, FROM HEREIN, HENCEFORTH, HEREAFTER AND FORWARD, IT WILL/SHALE BE OPENLY KNOWN THAT ANY RACKWOO.COM CLIENT, USER, CUSTOMER, PARTNER(SHIP), AFFILIATE, THIRD-PARTY VENDOR, CONNECTION, CONTACT, ALLY, ASSOCIATE, COLLEAGUE, CONFRÈRE, ETC... OR ANYONE USES, REGISTERS, SIGN UPS, ACCESSES, LOGINS, PAYS FOR (PURCHASES0) ANY OF RACKWOO'S HOSTING, SEO, WEBSITE DESIGN, SERVER ADMINISTRATIVE SERVICES OR PRODUCTS WILL ACCEPT AND AGREES TO ALL THE FOLLOWING "TERMS & AGREEMENTS" RELATING TOWARDS THE CONSUMPTION/USE OF RACKWOO'S SERVICES, SYSTEMS, SOFTWARE PRODUCTS AND/OR PROGRAMS, DEVICES, NETWORKS, WHICH ARE WILLINGLY "USED" TO HOST, STORE, SHARE, EXPOSE, TRANSFER, THEIR PERSONAL "DATA" (DATA: AS DESCRIBED IN THE PREVIOUS SENTENCE/PARAGRAPH) ELECTRONICALLY OVER, VIA OR THROUGH RACKWOO.COM CLOUD TO WEB TO SEO SOLUTIONS LLC. AND THE WORLDWIDE WEB (INTERNET)

IF ANY TYPE OF "USER"/"CLIENT"/"CONSUMER"/"CUSTOMER" DIGITAL/DIGITIZED "DATA" (DATA: AS DESCRIBED IN THE PREVIOUS SENTENCE/PARAGRAPH) IS "LOST, ERASED, OR STOLEN" WHILE A "CLIENT" (CLIENT: AS DESCRIBED IN THE PREVIOUS SENTENCE/PARAGRAPH) HAS PREVIOUSLY, IS CURRENTLY, OR WILL BE IN THE FUTURE, USING/CONSUMING ANY OF RACKWOO'S "SERVICES" (SERVICES: AS DESCRIBED IN THE PREVIOUS SENTENCE/PARAGRAPH), THEY AND ALL PARTIES WILL RELINQUISH MORAL, CIVIL, LEGAL, VERBAL, WRITTEN, NO MATTER IF BY ACCIDENT OR PURPOSEFUL, ANY AND ALL RESPONSIBILITY(IES) AND/OR OBLIGATION ON RACKWOO.COM'S BEHALF OF SAID, SPECULATED, AND/OR IMPLIED "WRONG DOING(S)" CONSIDERED OR PROVEN TO BE AS PURPOSEFUL OR A MISTAKE BASED ON NEGLIGENCE, WRONG DOING, ERASING, AN ACT OF "GOD", GOVERNMENT BORN AND INITIATED, HACKED, CRACKED, VIRUS, MALWARE, ACT OF THEFT, BREAKING AND ENTERING, BREACHING, ETC., ETC... EXTENDING FURTHER, IF A "CLIENT'S" "DATA" IS "LOST, ERASED OR STOLEN" RACKWOO.COM, ALONG WITH ANY AND ALL OF ITS CURRENT OR PREVIOUS ASSOCIATES, TEAM MEMBERS, STAFF, MANAGEMENT, SUPERVISORS, CORPORATE EMPLOYEES, LEADERSHIP, INCLUDING ANY OF ITS DIVISIONS AND/OR SUBSIDIARIES OF, BOTH LEGALLY AND CIVILLY IF SAID USER USES ANY OF RACKWOO'S SERVICES, PRODUCTS, SYSTEMS, PROGRAMS, SOFTWARE PROGRAMS, CODING, NETWORKS, WILL BE UNEQUIVOCALLY AND FULLY EXONERATED OF ANY AND ALL DETERMINATIONS OF "WRONG DOINGS", INCLUDING RACKWOO.COM WOULD BE FULLY EXEMPT FROM PAST, PRESENT, AND FUTURE LEGAL AND CIVIL LOCAL, STATE, OR FEDERAL CHARGES, INDICTMENTS, COMPLAINTS, AND/OR COURT APPOINTED LEGAL OR CIVIL RULINGS, PENALTIES, ETC, ETC...

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage to any nature.

DESCRIPTION OF SERVICES

Web Hosting

Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
Business Hosting: Managed Hosting plans, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups

Managed WordPress Hosting

Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching.

Virtual Private Server (“VPS”)

VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Dedicated Server

Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server's bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers.

Managed Support

Managed Support plans are monthly subscription plans that provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee.

Fully Managed Support

Fully Managed Support plans are monthly subscription plans that provide you with the option to enable root/administrative access and we will handle core patching, security, monitoring, and backups. Additional Expert Services are included with the subscription.

Hosting Premium Support/Expert Services

Hosting Premium Support/ Expert Services (“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content.

Hosting Backup

Hosting backup and restore services saves all your website files to the cloud once per day. These backup and restore services are available with website hosting plans and may be available for an additional fee with our other hosting service plans.

ACCOUNT TERMINATION; LIMITATIONS

Migration of Servers

You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

Termination of Hosting Services

You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.

Free Products Credits

Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.

Notice Regarding Licensed Images on Migration or Export (where available)

Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Rackwoo hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Rackwoo does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

Storage Capacity

The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).

YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES

Justification

You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

Abusive Activities and Other Threats

You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Rackwoo, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Rackwoo reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Rackwoo's discretion for security purposes.

Storage and Security

You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.


Website/Server Content

You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

PROVISIONS SPECIFIC TO WEB, BUSINESS AND MANAGED WORDPRESS HOSTING

Storage and Plan Limits

All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

WordPress Hosting may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

Free Trial hosting credits are subject the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added by upgrading to a paid plan.

You acknowledge and agree that inbound UDP is not supported in shared hosting environments.

Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

Unlimited Disk Space/Bandwidth/Website Plans

Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

Website Accelerator Service

Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

In order to be eligible for Website Accelerator, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you may not have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate web hosting plan; and (7) you may not change operating systems.

WHMCS License

In the event you add WHMCS license to your Business Hosting plan, you agree to be bound by both the WHMCS Terms of Service and End User License Agreement, which are both hereby incorporated by reference.

Your hosting plan may provide you with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.

PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING

Server Access

If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.

FTP Back-Up

We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Service Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Service Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. FTP Back-up may not be available on all hosting plans.

Configuration Add-Ons

We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.

  • Plesk: In the event you add Plesk to your server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.
  • cPanel: In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.

cPanel Fair Usage Policy

This policy is a guide to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offers unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison to typical levels of usage engaged in by other users. In the event that you exceed this threshold, Rackwoo may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, Rackwoo will provide a notice of your usage in excess of the normal use.

PROVISIONS SPECIFIC TO MANAGED SSL

If you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-Rackwoo server, request a re-key of the SSL certificate - your current SSL certificate will become invalid and we will issue a new certificate for use on your non-Rackwoo server.

We will automatically validate, issue and install the new certificate every two years for subscribing customers using our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issues a new certificate. We will alert customers when to take action via the product dashboard and email.

You are permitted to assign a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a Subscriber Agreement on your behalf and/or (iii) to acknowledge the Terms of Use on your behalf, provided you acknowledge and agree that you are and will remain subject to and bound by all terms and conditions of this Agreement.

PROVISIONS SPECIFIC TO SUPPORT PLANS

WordPress (“WP”) Premium Support

If you elect to use our WP Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one time, will be listed as a "Best Effort Service." Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of WP Premium Support Services. We may install a plugin on your hosted WordPress site for the purpose of facilitating your WP Premium Support Services. Its purpose is to facilitate the requested change and maintenance of your WordPress files. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site. You acknowledge and agree that you shall not use WP Premium Support Services in a manner that, as determined by us in our sole and absolute discretion: displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.

Managed and Fully Managed Hosting Support Plans

If you purchase a Managed or Fully Managed Hosting Support Plan (“Managed Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.

We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.

We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). The backups offered with these support plans are snapshots taken on a 10-day cycle. Restores are available upon request and may require an additional fee.

Hosting Premium Support/Expert Services

If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.

Hosting Migrations

If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.

SERVICE UPTIME GUARANTEE

Rackwoo offers a service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

THIRD PARTY SOFTWARE

Definition and Scope

As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licenseds by a third-=party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.

Terms and Conditions Applicable to all Software and Operating Software

You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

Rackwoo may provide your personal information to third-party providers as required to provide the third-party Software. Rackwoo reserves the right to modify, change, or discontinue provision of the Software at any time.

Rackwoo makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.

You will indemnify, defend, and hold harmless Rackwoo from and against any and all claims imposed upon or incurred by Rackwoo directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

The Hosting Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software.

The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

Additional Terms and Conditions Applicable to images and Software

The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.

You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not Rackwoo.

Regarding this Section 9.3, “Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity. “Personal Data” does not include aggregated, anonymous, or de-identified data, such as Usage Data. “Usage Data” as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data and statistical or other analysis, information or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data. , as such terms are defined by Applicable Laws.

  • Any use of any Hosting Services involving Rackwoo’s Dedicated Servers running on the DED4 Platform that involves You storing specially protected data is subject to the following additional terms:
  • You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
  • You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
  • You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; 
  • You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.

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